Can a DBQ trigger a C&P exam?

[allansc2005]

I've just hired an independent doctor to fill out a Disability Benefits Questionnaire-DBQ to get an increase in lower lumbar/radiculopathy SC.

I've read a few horror stories where vets have had a DBQ done, only to find themselves at a C&P exam which resulted in reduced %.

Has anyone had this experience? Details please.

All comments welcome as well.

 

Allan

2-2-0 HUAH!

[john999]

I agree with Buck.  Unless there is money involved I would let the sleeping dog stay asleep.   Yes, you can get higher levels of SMC, but beyond "S" you usually have to really  be massively disabled to get them.  If I lost use of my legs or something like that due to SC condition you bet I would be asking for highest level of SMC I could get,  but I hope I don't go there.  For compensation purpose there is no difference between 100% and TDIU.  Total disability is total disability for DIC purpose and SMC purpose according to Bradley V Peake.    Every time you file a claim there is a small risk of these guys reviewing your entire file and trying to reduce you.  If your life or bank account are involved then go for it.  Otherwise, leave it alone.  If you get 100% due to having 10 different disability ratings you are still not considered 100% scheduler in the same way that a vet with a single 100% disability is considered according to AskNod.
 

[Buck52]

Roger That allansc2005 &  pwrslm.

I had forgot that they do combined the disability's. to help reach the SMC Criteria 

   However to get the full allotment with SMC 8,800 & change wih dependents The veteran is usually helpless and bedridden and very Sick.

I only knew of one Vietnam Veteran to recieve the full SMC PAY Scale of the 8.800   he got every bit of three checks before he died.  this is the sad part of our claims and some veterans never see the $$

 Also I'm not sure you guys knew this  but   just being Total that means your 100% either via IU OR Scheduler 

I was reading in some old BVA Cases last night that if a Veteran has a Total  in his rating divisibility'    that word will be the meaning of  being 100% at the CAVC

In other words if VA says you are ''Total ''  being P&T That can be use as being 100%

Edited October 2, 2017 by Buck52

[allansc2005]

john999, one thing I've mentioned here is that my DBQ is for an existing SC-lower lumbar/radiculopathy which has been SC for over 10 years, so therefore there really isn't a "sleeping dog" here.

My original questions had to do with if anyone knew of a DBQ triggering a C&P exam, which lead to a reduction of the original SC.

I failed to include the "which lead to a reduction of the original SC" earlier in the thread.

Allan

2-2-0 HUAH!

[allansc2005]

Buck, I was told by the American Legion that the "T" as in P&T IU , does NOT count as 100% when it comes to being awarded SMC's.

Allan

2-2-0 HUAH!

[Buck52]

allansc05

I Respectably disagree, if it says your ''Total ''in a Service Connected Award ...that means your 100%  rather IU P&T or Scheduler.

I'll go find the Regs and put them on here.

Edited October 3, 2017 by Buck52

[Buck52]

Although at age 65 was factor in Bradley  but after s CAVC Decision check out what this decision was decided about the 100% and being 65 years old or not.

“Because the single 100 percent NSC disability must be a schedular evaluation, a total evaluation based on unemployability under 38 C.F.R. § 4.17 will not suffice.”

© NVLSP 2013 27 Advocacy Advice  The M21-1MR provision cited above is inconsistent with the CAVC’s decision in Bradley.  The statute analyzed by Bradley (§1114) is very similar to the statute for pension, Section 1521(e).  Both statutes use the words “disability rated as total.”  § 1521 adds permanent because pension requires a permanent disability.

this is used in SMC AND SMP

However its not been adjudicated as of present  but it can be using in the MR21--1MR Bradely 1114,sec 1521